What is the name of your state (only U.S. law)? Maine
History: 16 yr marriage, two children, divorced 2012, primary residence of one child to each parent. Wife income at time of divorce 19k, husband 155k. CS to wife of 900/mo, alimony to wife of 2100/mo. Maine has CS guidelines but no alimony guidelines.
2014: Child with husband chose to move in with mother. Oldest child is a high school senior, the youngest a sophomore. Mother filed for addnl CS. Father filed motion to modify spousal support and non-guideline CS based on income change and existing large alimony award. Since divorce, wife's income had increased to 37k, husbands income decr to 140k (involuntary steady decline in income from second job). In addition, husband had remarried in 2014 and has a step-child living with them (wife is a student with no income). Case went to trial Oct 2015.
I am in need desperate need of advice. This case went to trial last week and it did not go well. Wife and attorney presented a story of wife and children suffering despite increase in income. I was made out to be a piece of garbage. My attorney's performance was abysmal. I was fighting his strong biases from the outset. His initial meeting comment to me was "no man is every happy with the support he has to pay." Unfortunately, I had already committed to this attorney and did not have the financial resources to hire a different one. Things with him only got worse from there. I was constantly fighting his perception/bias that our incomes were vastly different and wife was in poverty (after support, wife roughly 75k and husband 104k. Husband also with higher tax liability). I begged my attorney to highlight/pursue the following at trial and he would not listen to me:
So here I am. On the verge of bankruptcy and eviction waiting for judgment that will take weeks to months and if my senses are correct, facing increased support rather than decreased. My wife is ready to leave me to go on welfare since we can't afford copays and medical care.
Can I write the judge and explain how my attny failed me and beg for him to consider what he refused to do or argue? Should I ask if I should just give it all up and become a missionary since it's not worth continuing in my career if we cant be together and healthy? Depending upon the outcome, is appeal realistic? Can I demand my attorney file something with additional information/points prior to the judgment or get an emergency hearing?
Thank you for any and all advice.
History: 16 yr marriage, two children, divorced 2012, primary residence of one child to each parent. Wife income at time of divorce 19k, husband 155k. CS to wife of 900/mo, alimony to wife of 2100/mo. Maine has CS guidelines but no alimony guidelines.
2014: Child with husband chose to move in with mother. Oldest child is a high school senior, the youngest a sophomore. Mother filed for addnl CS. Father filed motion to modify spousal support and non-guideline CS based on income change and existing large alimony award. Since divorce, wife's income had increased to 37k, husbands income decr to 140k (involuntary steady decline in income from second job). In addition, husband had remarried in 2014 and has a step-child living with them (wife is a student with no income). Case went to trial Oct 2015.
I am in need desperate need of advice. This case went to trial last week and it did not go well. Wife and attorney presented a story of wife and children suffering despite increase in income. I was made out to be a piece of garbage. My attorney's performance was abysmal. I was fighting his strong biases from the outset. His initial meeting comment to me was "no man is every happy with the support he has to pay." Unfortunately, I had already committed to this attorney and did not have the financial resources to hire a different one. Things with him only got worse from there. I was constantly fighting his perception/bias that our incomes were vastly different and wife was in poverty (after support, wife roughly 75k and husband 104k. Husband also with higher tax liability). I begged my attorney to highlight/pursue the following at trial and he would not listen to me:
- wife's income has incr by 1.4k mo while husb has decr 1.2k per month
- husband had relocated in 2014 to state with higher cost of living in 2014 after child moved out. Relocated due to wife's documented harassment. This higher COL and new dependents were extenuating circumstances that also impacted/offset her taking on another child
- using post-support income breakdown percentage at the time of divorce, total support applying the same percentages to current income should make support approx. 1500/mo (esp if considering extenuating circumstances)
- wife asked for attorney's fees. husband's attny refused to ask for them of wife despite current post support income of 75k vs 104k saying it would anger the judge to ask for them since husband makes so much more
- husband in crisis getting eviction notices from rental while wife actually is purchasing a home. Husband's family unable to afford healthcare, etc.
- husband provided reams of discovery materials to other side including 2yrs of detailed bank and credit card statements, etc that was used against him. wife refused to provide discovery beyond 1yr bank statements and the most recent month's credit card statements. attny would not advise the judge of this or demand proper discovery
- husband's attny did not present how wife was making 2-20x minimum monthly payments on credit accts, $100 haircuts, etc
- husband's attny did not bring up numerous discrepancies in wife's budget between financial statement, bank statements, interrogatories, etc
- husband's attny did not bring up numerous instances of contempt of the original court order regarding shared decision making for children and parental alienation
- husband's attny hammered into him to only answer questions with yes/no answers and not editorialize anything thus wife was able to make her situation seem real and husband's true situation was never shown
- husband had relocated in 2014 to state with higher cost of living in 2014 after child moved out. Relocated due to wife's documented harassment. This higher COL and new dependents were extenuating circumstances that also impacted/offset her taking on another child
- using post-support income breakdown percentage at the time of divorce, total support applying the same percentages to current income should make support approx. 1500/mo (esp if considering extenuating circumstances)
- wife asked for attorney's fees. husband's attny refused to ask for them of wife despite current post support income of 75k vs 104k saying it would anger the judge to ask for them since husband makes so much more
- husband in crisis getting eviction notices from rental while wife actually is purchasing a home. Husband's family unable to afford healthcare, etc.
- husband provided reams of discovery materials to other side including 2yrs of detailed bank and credit card statements, etc that was used against him. wife refused to provide discovery beyond 1yr bank statements and the most recent month's credit card statements. attny would not advise the judge of this or demand proper discovery
- husband's attny did not present how wife was making 2-20x minimum monthly payments on credit accts, $100 haircuts, etc
- husband's attny did not bring up numerous discrepancies in wife's budget between financial statement, bank statements, interrogatories, etc
- husband's attny did not bring up numerous instances of contempt of the original court order regarding shared decision making for children and parental alienation
- husband's attny hammered into him to only answer questions with yes/no answers and not editorialize anything thus wife was able to make her situation seem real and husband's true situation was never shown
So here I am. On the verge of bankruptcy and eviction waiting for judgment that will take weeks to months and if my senses are correct, facing increased support rather than decreased. My wife is ready to leave me to go on welfare since we can't afford copays and medical care.
Can I write the judge and explain how my attny failed me and beg for him to consider what he refused to do or argue? Should I ask if I should just give it all up and become a missionary since it's not worth continuing in my career if we cant be together and healthy? Depending upon the outcome, is appeal realistic? Can I demand my attorney file something with additional information/points prior to the judgment or get an emergency hearing?
Thank you for any and all advice.